Chekuri Subba Rao, v. The State Of A.P.,

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.7363 of 2016 ORDER:

The petitioner who is A1 in Crime No.60 of 2016 of Venkatagiri Police Station, SPSR Nellore District, filed the present application under Section 438 of the Code of the Criminal Procedure (Cr.P.C.), seeking release in the event of his arrest in connection with the above crime, registered for the offences punishable under Sections 420 and 506 read with Section 34 of IPC.

The case of the prosecution is that the informant lodged a report stating that A1 who was running a private chit with the help of A2 to A5, as his agents, cheated the informant and others by collecting huge money from them by way of chits and thereafter started threatening them when they asked for return of their amounts on maturity. Learned counsel for the petitioner submits that the allegations made in the report are false and are invented for the purpose of the case due to some political disputes between the petitioner and informant. Learned public prosecutor opposed the application. According to him, the petitioner has collected an amount of Rs.10,16,000/- from the informant and others.

He further submits that there is every chance of petitioner evading the process of law and may not co-operate with the investigating agency, if he is granted anticipatory bail. Having regard to the facts in issue, whereby number of persons are cheated, I am not inclined to grant anticipatory bail to the petitioner. However, the petitioner if so advised, shall surrender before the concerned Court and move an application for grant of bail before appropriate Court, after giving prior notice to the Public Prosecutor, in which event the same shall be dealt with in accordance with law, at the earliest.

With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions pending, if any, shall also stand closed. _________________________ JUSTICE C. PRAVEEN KUMAR 29.07.2016 vhb